PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA MENDISTRIBUSIKAN DOKUMEN ELEKTRONIK YANG MEMILIKI MUATAN PENCEMARAN NAMA BAIK (StudiPutusanNomor 852/Pid-Sus/2016/PN-STB.)

Abstract

Criminal acts in social network had occured a lot in Indonesia, they were caused because everyone can use internet network without any restriction and bring negative consequences, which occured recently was crime of Distributing Electronic Dcocument that consists of defamation. Decision Number 852/Pid-Sus/2016/PN-STB is one of the samples of defamation criminal case that is done through social media, Facebook.The results of his research (1) The form of responsibility against the convict of criminal act of distiributing electronic document that has defamation in Decision Number 852/Pid-Sus/2016/PN-STB is : the defendant was sentenced 5 years in prison. (2) The judge’s consideration, decision that is considerated using 2 ways, and they are: juridical consideration and non-juridical when there are adverse and burdensome situation.